Jeff Smalley Smalley LLC 2112 180 th St. Boone, IA 50036

August 7, 2015

U.S Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

RE: Exemption Pursuant to Section 333

To whom it may concern,

I am seeking relief from the following 14 CFR’s

1. 91.7(a) 2. 91.199(c) 3. 91.121 4. 91.151(a) 5. 91.405(a) 6. 91.407(a)(1)
7. 91.409(a)(1) and (2) 8. 91.417(a) and(b)

I am requesting relief from the CFR’s for my unmanned aircraf t systems (UAS) application. The UAS I would like relief to fly is the Phantom2 Vision+ quad copt er and the Ag Eagle Rapid these would be great platforms to launch into the UAS market. My are a of operations would be the upper Midwest. States included Minnesota, North Dakota, South Dakota, Nebraska, Kansas, Illinois, Iowa, Indiana, Missouri, and Ohio. I would concentrate mainly o n agriculture but would like to also be able to do real estate in the down times. I would be happy to pro vide any additional information necessary on either of these models, but realize that similar r equests have been granted on both models.

I have been a private pilot since 1996 and have accumulated over 5000 hours. During this time I have earned my Instrument, Commercial, CFI, MEI and have operated as a Part 135 pilot. I am a certified Airframe and Power Plant mechanic since 1996. A s a charter pilot I have worked with the local Flight Standards District Office to maintain my cu rrency through IFR 6 month check rides. I became a charter pilot in 2001 and have logged over 4000 hours of flying charter. As a charter pilot I had to stay current and proficient on all aspects of flight r ules and regulations. I am an amateur RC pilot and have logged 100’s of hours doing this.

I have done aerial photography for over 15 years for real estate an d agricultural. It has always been a challenge to get low enough and remain within FAA air safety re gulations to get the picture thatthe client wants. I have heard of many close calls with plan es stalling due to target fixation. I feel

this is where a UAS will excel. With the ability to fly the dron e at a lower altitude and slower speeds, this will allow the operator to get the target done quickly, qu ieter without exposing pilots or the public to any dangers.

My main concern is safety and to promote an up and coming indus try.
The UAS is quieter and does not use a combustion engine to con taminate the atmosphere. I look forward to being on the fore front of bringing the UAS to the comm ercial market.

Below are the regulations I am seeking relief from and reason:

91.7(a) There are no FAA regulations that address airwort hiness for an UAS. This being said there will be a pre and post flight inspection to make sure it is airwo rthy.

91.119(C) All flights will be done below 300 feet and no close r than 500 feet from people or objects.

91.121 An on board GPS will produce an accurate altitude in f eet that will be transmitted to the operator.
91.151 (a) Before the flight a power check will be completed to insure there is enough for the planned operations with reserve of 20 percent for unexpect ed issues.

91.405 (a) There are no FAA regulations that address airwor thiness for an UAS. This being said there will be a pre and post flight inspection to make sure it is airworthy.

91.407(a)(1) This regulation does not apply to a UAS.

91.417(a) (b) This regulation does not apply to a UAS.

I will gladly comply with any new regulations as they are introdu ced.

These are the items I feel I need to be more through in definiti on:
1. Operations authorized by this grant of exemption are limit ed to the following aircraft described in the operating documents which is a quad-rotor aircraft w eighing less than 3 pounds: PHANTOM 2 Vision+ and AG Eagle Rapid Unmanned Aircraft System. Propos ed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. The UAS will not exceed 30 knots and this speed will be moni tored through the UAS controller or display device.

3. The UA must be operated at an altitude of no more than 300 fee t above ground level (AGL), as indicated by the procedures specified in the operating docum ents. All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of th e pilot in command (PIC) at all times. This requires the PIC to be able to use human vision unai ded by any device other than corrective lenses, as specified on the PIC’s FAA-issued airm an medical certificate.5. A secondary person or visual observer (VO) will be used t o aid the UAS operator to help stay

clear of any obstructions and to warn if there is a chance of t he operator from losing visual coverage. This team will help secure the UAS is operated in the most safe and efficient manner as possible. All communications will be done verbally. The VO w ill also follow the rule of using human vision unaided by any device other than corrective lenses. The P IC must be designated before flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the visual observer can perform the functions prescribed in t he operating documents.

6. The operating documents and this grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If th ere is a discrepancy exists between the conditions and limitations in this exemption and the proced ures outlined in the operating documents, the conditions and limitations herein take prec edence and must be followed. Otherwise, the operator must follow the documents. It is th e operator’s responsibility to track such revisions and present updated and revised documents to the Adm inistrator upon request. The operator must also present updated and revised documents i f he petitions for extension or amendment to this grant of exemption. If the operator determ ines that any update or revision would affect the basis upon which the FAA granted this exemp tion, then the operator must petition for amendment to its grant of exemption. The FAA UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

7. Prior to each flight, the PIC must inspect the UAS to ensu re it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operati on of the UAS, the UAS is prohibited from operating until the necessary maintenance has been perform ed and the UAS is found to be in a condition for safe flight. The Ground Control Station must b e included in the preflight inspection.

8. Any UAS maintenance or alterations that affect the UAS oper ation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the a ircraft records.

9. The preflight inspection section in the operating docu ments must account for all discrepancies, i.e. inoperable components, items, or equipment, not alrea dy covered in the relevant sections of the operating documents.

10. The Operator must follow the UAS manufacture’s aircraft/co mponent, maintenance, overhaul, replacement, inspection, and life limit requirements.

11. The operator must carry out its maintenance, inspecti ons, and record keeping requirements, in accordance with the operating documents. Maintenance, insp ection, and alterations must be noted in the aircraft records, including total flight hours, desc ription of work accomplished, and the signature of the authorized person returning the UAS to serv ice.

12. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

13. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

14. UAS operations must be conducted by a PIC possessing at l east a private pilot certificate and at least a current third-class medical certificate. The PIC must also meet the flight review requirements specified in CFR 61.56 in an aircraft in which the PIC rated on his or her pilot certificate.15. Prior to operations conducted for the purpose of aerial videography/cinematography and

augmenting real estate listing videos (or similar operation s), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.5(b), a minimum o f 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pi lot with a multi-rotor UAS. Prior documented flight experience that was obtained in complia nce with applicable regulations may satisfy this requirement. Training, proficiency, and exper ience-building flights can also be conducted under this grant of exemption to accomplish the req uired flight time. However, said training operations may only be conducted during dedicated tra ining sessions. During training, proficiency, and experience-building flights the PIC is req uired to operate the UAS with the appropriate distance in accordance with CFR 91.119.

16. Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operation s), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations under the exemption; 5 hours make and model may be included in the 10 hours of multi-rotor time prescr ibed above. The PIC must accomplish 3 take-offs and landings in the preceding 90 days ( for currency purposes). Training, proficiency, experience-building, and take-off and landin g currency flights can be conducted under this grant of exemption to accomplish the required flight ti me and 90 day currency. However, said training operations may only be conducted during dedicated tra ining sessions. During training proficiency, and experience-building flights the PIC is req uired to operate the UA with appropriate distance in accordance with 14 CFR 91.119.

17. The operator may not permit the PIC to operate the UAS for the purpose of aerial videography/cinematography and augmenting real estate listing videos(or similar operations), unless the PIC has demonstrated and logged in a manner consist ent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent wit h how the UAS will be operated under the exemption, including evasive and emergency maneuvers an d maintain appropriate distance from people, vessels, vehicles and structures.

18. UAS operations may not be conducted during night, as defin ed in 14 CFR 1.1. All operations must be conducted under visual meteorological conditions (VMC).

19. The UA may not operate within 5 nautical miles of an airp ort reference point as denoted on a current FAA-published aeronautical chart.

20. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

21. If the UA loses communications or loses its GPS signal, i t must return to a pre-determined location within the planned operating area and land or be rec overed in accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted o bstacles or emergencies in accordance with the operating documents.23. The PIC is prohibited from beginning a flight unless (co nsidering wind and forecast weather

conditions) there is enough power to fly at normal cruising s peed to the intended landing point and land the UA with 30% battery power remaining.

24. The operator must obtain an Air Traffic Organization (A TO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations unde r this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

25. All Aircraft operated in accordance with this exemptio n must be identified by serial number, registered in accordance with 14 CFR part 47, and have iden tification (N-number) marking in accordance with 14 CFR part 45, Subpart C. Markings must be lar ge as practicable.

26. Before conducting operations, the radio frequency spect rum used for operation and control of the UA must comply with the Federal Communications Commissi on (FCC) or other appropriate government oversight agency requirements.

27. The documents required under 14 CFR 91.9 and 91.203 mus t be available to the PIC at the Ground Control Station of the UAS anytime the UAS is operating. T hese documents must be made available to the Administrator or any law enforcement official request.
28. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

29. The UAS may not be operated by the PIC from any moving devices or vehicle.

30. The UA may not be operated over congested or densely popul ated areas.

31. Flight operations must be conducted at least 500 feet fr om all nonparticipating person, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently prot ect nonparticipating persons from UA and/or debris in the event of an accident. The operator must en sure that nonparticipating persons remain under protection. If a situation arises where nonp articipating persons leave such protection and are within 500 feet of the UA, flight operati ons must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structu res where the owner/controller of such vessels, vehicles, vehicles or structures has granted permiss ion and the pic has made a safety assessment of the risk of operating closer to those object s and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainee or esse ntial persons do not present an undue hazard to those persons per FAR 91.119(a).32. All operations shall be conducted over private or controll ed-access property with permission

from the land owner/controller or authorized representati ve. Permission from land owner/controller or authorized representative will be obt ained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgr esses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be repeated to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site www.ntsb.gov.

If more information or documentation is needed to approve thi s exemption, please contact me at 515.231.0333

Thank you.

Jeff Smalley

Smalley Aircraft LLC

2112 180 th St.

Boone, IA 50036

Ph.515.231.0333